On October 31, 2011, EPA issued a final National Pollutant Discharge Elimination System (NPDES) Pesticide General Permit (PGP) for point source discharges from the application of pesticides to waters of the United States. This action was in response to a 2009 decision by the U.S.6th Circuit Court of Appeals in which the court found that point source discharges of pesticides were pollutants under the Clean Water Act. As a result of the court’s decision, NPDES permits are generally required for point discharges to state waters of pesticides used for mosquito and other flying insect pest control, weed and algae control, animal pest control, and forest canopy pest control.
The Tennessee Department of Environment and Conservation (TDEC) has issued a new NPDES PGP TNP100000 adopting EPA’s PGP in its entirety, with minor modifications. Operators are covered automatically under the state PGP without submitting a Notice of Intent (NOI) for any discharges through September 1, 2012. To continue coverage after September 1, 2012, those operators who are required to submit NOIs will need to do so according to the schedule contained in the general permit.
A copy of the permit is on TDEC’s website at http://tn.gov/environment/permits.
INFO: TDEC’s Division of Water Pollution Control at 615-532-0625.